FAQ

At what phase in the home purchasing procedure should one hire a legal representative?

Legal recommendations is most valuable prior to you make the dedication to get a house. As a buyer, you’ll desire a lawyer aligned prior to you make a deal and also, definitely, before you sign an offer to acquire. You’ll desire to get in touch with a lawyer early in the process and also prior to signing a listing agreement with an actual estate representative if you are a seller.

Exactly what does my legal representative mean when she talks about “Chambers”?

Chambers is an additional method of describing pre-trial applications and also treatments. The word “chambers” is an old-fashioned word dating back to when a judge’s office was called his chambers as well as he (in the olden days most judges were men) would hear some applications from lawyers there. Today, “Chambers” hearings remain in court rooms that are open to the general public and also there could be lots of people existing. The person that we consider being the court is not in fact called a court in this degree of court. Instead, the person is described as either a Master or a Justice of the Court of Queen’s Bench. There are various type of Chambers sittings, such as Masters Chambers, Justice Chambers as well as Household Justice Chambers.

What types of issues are listened to in Chambers?

A Justice, or a “Master” being in Chambers will hear exactly what are called “preliminary issues” as well as “procedural issues”. This means that he or she will certainly take into consideration applications that involve an on-going civil law case, but that usually are not mosting likely to be the decision in the case. In some cases, the application will certainly move a case forward in some way (for example, a Plaintiff could require a court order to offer papers on a person). Often, the application will certainly be for an interim order, which means that the order will just hold for a limited period of time or up until the instance mosts likely to a complete trial. There are, however, some exemptions to this basic declaration. Justices and also Masters could make decisions in foreclosure cases, and also could hear applications for summary judgment. Summary judgment is an application that can be made to dismiss the entire instance. Often summary judgment will certainly be applied for when there is no reasonable support, and therefore no factor why a full test should go forward.

What is the distinction between a judge, a Master and a Justice?

Judges are appointed to the Provincial Court, while Masters and Justices are selected to the Court of Queen’s Bench. In the Court of Queen’s Bench, Masters have really limited power to listen to issues, while Justices have very large authority to make decisions.

Where do Chambers sittings happen?

In smaller sized areas, they might only be heard on certain days of the week or month. For info in your location, go to Court of Queen’s Bench (see web link listed below) site or ask your legal representative.

When my case is called, just what should I do?

When it is your turn, tell the Justice or Master briefly what you want as well as why. The Justice or Master could ask you concerns, so be prepared to address in a polite and short fashion. The court is a very formal location, so you ought to continue to be courteous and tranquil, even if you differ with the other side, or just what the Justice or Master orders.